Conner v. Welch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case established by the pleadings and evidence is correctly stated in the brief of counsel for the plaintiff as follows: “ The action was brought to foreclose four certain mortgages made by Martin Osborne and wife upon eighty acres of land in Dane county, three of which mortgages had been satisfied of-record before the commencement of the action.
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APPEAL from the Circuit Court for Dane County. The case established by the pleadings and evidence is correctly stated in the brief of counsel for the plaintiff as follows: “ The action was brought to foreclose four certain mortgages made by Martin Osborne and wife upon eighty acres of land in Dane county, three of which mortgages had been satisfied of-record before the commencement of the action. “The facts are, that on November 11,1871, Martin Osborne was seized in fee of the west half of the northwest quarter of. sec. 25, T. 8, R. 9, Dane county. On the 11th of November, 1871, Osborne and…
1Opinion of the CourtLyoN, J.
As we understand the testimony of the plaintiff, he accepted the quitclaim deed of the mortgaged premises from Osborne pursuant to an express agreement between them that the note and mortgage of February 21, 1878, for §229, was thereby satisfied and discharged. His testimony seems to admit of no other construction. By this agreement the §229 mortgage was discharged, and the satisfactions of the Huffy mortgages by Stein, in the proper records of the county, at the request of . the plaintiff, discharged those mortgages. Hence, by the acts and procurement of the plaintiff, the four mortgages in…
2Cases cited2 opinions
- Levy v. MartinWisconsin Supreme Court · 1880
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
3Cited by20 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Hughes v. ThomasWisconsin Supreme Court · 1907
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